Cases for Midterm Flashcards
R. v. J.(S.)
Couple is found guilty of failing to provide the necessaries of life to their child who was in necessitous circumstances because they failed to get their son obviously needed medical treatment in the weeks before his hospital admission
Neto V. Klukach
Ms. Neto, although suffering from a mental illness was able to appreciate the consequences of her decision and granted her the ability to refuse consent.
Re C. (Adult: Refusal of Medical Treatment)
A schizophrenic adult male ignored the prognosis of his surgeon. The court ruled that the man had decreased capacity to make a decision he was still capable.
Re C. (Adult: Refusal of Medical Treatment)
A schizophrenic adult male ignored the prognosis of his surgeon. The court ruled that the man had decreased capacity to make a decision he was still capable.
Re Dueck
TD a 13 year old seeking to end his chemo treatments was determined to not be able to understand relevant medical information or appreciate the consequences of the proposed treatment. Highlighting the reframing of the capacity test for youth in terms of the mature minor rule.
Jenzen V Jenzen
Wife and Sister of patient disagree interms of what course of action would have their best interests in mind. The court here further shows application of the Best Interests Test.
Scardoni v. Hawryluck
Doctors wanted to remove 81-year old Alz patient from a ventilator. Daughters refused to consent. CCB favored the doctors. Courts overruled CCB for their poor ability of applying the best interests test in this case.
Hamilton Health Sciences Corp. v. D.H.
Mother of an 11 year old withdrew her from chemo to pursue an alternative cancer treatment. Doctors challenged that she was a child needing protection. Mothers decision upheld by courts due to aboriginal and treaty rights.
R. v. Mabior,
The accused had intercourse with several women without informing them that he was HIV positive. He had a low viral load and used a condom on once occasion. He was charged with aggravated sexual assault as his fraud had risk of serious bodily harm and thus negated consent.
Re B (Adult: refusal of medical treatment)
A patient being kept alive by a ventilator sought a court order requiring the staff to shut off the ventilator upon her demand. The court granted the order, stating that the competent patient’s right to cease treatment superseded the staff’s view of the wisdom of the decision.
Carter V Canada
Supreme court declared the criminal code ss. 14 and 241(b) to be invalid in regard to physician-assisted dying in the case of competent adults with grievous and irremediable medical conditions causing enduring suffering that is intolerable.
Cuthbertson V Rasouli
Doctors wanted to take patient off of life support and provide palliative care. The SCc determined that withdrawing life support & providing palliative care constituted a treatment for which consent was required.
R. v. Latimer
Latimer took the life of 12 year old daughter, Tracy, who was in need of another major surgery. She was mentally handicapped and Latimer was her SDM. Courts found that Latimer was guilty of second degree murder. Example of how euthanasia meets the criminal code req’s for first-degree murder.
R. v. Dobson
Accused stabbed two women to death and attempted suicide as part of a well-planned and secret satanic suicide pact amongst them and was charged with first-degree murder. The court rejected his attempt at being found NCR because his actions implied he appreciated the nature and quality of his actions and knew they were morally wrong.
Re W.J.K.
WJK was a 42 y/o suffering from schizophrenia. The CCB accepted that there was a possibility she may harm others but it was not likely she would cause serious bodily harm to another. Therefore the board rescinded the certificate of renewal request by her physician as an involuntary patient.
